S v MURISI 2019 (1) ZLR 534 (S)

2019 (1) ZLR p534

Flynote

Appeal – criminal matter – remittal – court a quo dismissing appeal against conviction only and erroneously declining to deal with appeal against sentence – factors to consider when determining whether to remit matter to court a quo for sentencing or for appellate court to pass sentence itself

Criminal law – statutory offences – Prevention of Corruption Act [Chapter 9:16] – s 3 – bribery – actus reus – what it consists of – when reverse onus is triggered

Criminal procedure (sentence) statutory offences – bribery – first offender – imprisonment – appropriate length – factors to be taken into consideration

Evidence – accomplice – person offering a bribe to official – potentially accomplice evidence – requirement to apply cautionary rule